BC LTD. (Castlegar)

Transcription

1 COLLECTIVE AGREEMENT Between BC LTD. (Castlegar) And UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL NO. 247 Chartered by the United Food and Commercial Workers International Union, CLC TERM OF AGREEMENT October 27, 2010 to October 26, 2016

2 UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, Local No. 247 HEAD OFFICE nd Avenue Surrey, BC V4P 3R5 Phone: (604) Toll-Free: Fax: (604) Banks Rd. Kelowna, BC V1X 6A1 Phone: (250) Toll-Free: Fax: (250) B Quadra Street Victoria, BC V8X 1J5 Phone: (250) Toll-Free: Fax: (250) rd Avenue Prince George, BC V2L 3G7 Phone: (250) Toll-Free: Fax: (250)

3 Dear Member: This is your Union Collective Agreement. It represents the progress and efforts of many years of negotiations. Please read it and make sure you are receiving the benefits to which you are entitled. Only by insisting on your rights, and refusing to let anyone abrogate them, can the Agreement be kept strong and meaningful. Any abuse of the Collective Agreement tends to undermine and weaken it. Let s respect the Agreement; let s keep it strong and meaningful. Make full use of your Shop Stewards. SUZANNE HODGE President DAN GOODMAN Secretary-Treasurer

4

5 INDEX ARTICLE DESCRIPTION PAGE Contents 1 - PURPOSE RECOGNITION UNION SECURITY FUNCTIONS OF MANAGEMENT DISCHARGE AND DISCIPLINE DISCRIMINATION UNION SHOP CARDS UNION PRIVILEGES SHOP STEWARDS SENIORITY HOURS OF WORK AND OVERTIME STATUTORY HOLIDAYS VACATIONS COMPENSATION GRIEVANCE AND ARBITRATION ARBITRATION WAGES Minimum Rates of Pay for Full Time Employees CO-OPERATION PART-TIME HELP NO STRIKE, NO LOCK-OUT FIRST AID KITS NOTICE OF ABSENCE & LEAVE OF ABSENCE i

6 22 - BEREAVEMENT PAY RETRO-ACTIVITY NOT TO BE UNLAWFUL GENERAL GENDER SERVICE PROVIDERS TERM OF AGREEMENT APPENDIX "A" PART-TIME EMPLOYEES ARTICLE 1 - RECOGNITION ARTICLE 2 - SENIORITY Definition of Anytime and Restricted Status Scheduling of Employees Availability Requested Day Off Guarantee of Hours for Senior Anytime Employees Hour Guarantees Received by Senior Eligible Anytime Employees Transfers and Work Assignments ARTICLE 3 - HOURS OF WORK ARTICLE 4 - HOURS OF WORK AND OVERTIME ARTICLE 5 - STATUTORY HOLIDAYS ARTICLE 6 - VACATIONS ARTICLE 7 - LEAVE OF ABSENCE BEREAVEMENT ARTICLE 8 - WAGES Minimum Rates of Pay for Part Time Employees Minimum Rates of Pay for Part Time Student Employees ARTICLE 9 - REST PERIODS ARTICLE 10 - WORKING CONDITIONS ii

7 ARTICLE 11 - NOT SCHEDULED ON PAYROLL APPENDIX "B" - BENEFITS LIFE INSURANCE ACCIDENTAL DEATH AND DISMEMBERMENT SHORT TERM DISABILITY LONG TERM DISABILITY SEMI-PRIVATE HOSPITAL SUPPLEMENTARY HEALTH CARE DENTAL OPTICAL APPENDIX C - PHARMACY PHARMACY OPERATIONS Minimum Rates of Pay for Full Time Pharmacy Technicians Minimum Rates of Pay for Part Time Pharmacy Technicians APPENDIX D - PENSION NO FRILLS DEFINED CONTRIBUTION PENSION LETTER OF UNDERSTANDING #1 EMPLOYEE REQUEST LETTER OF UNDERSTANDING #2 STATUTORY HOLIDAYS LETTER OF UNDERSTANDING #3 PLUS MODEL NO FRILLS Minimum Rates of Pay for Part Time DSTM Employees LETTER OF UNDERSTANDING #4 DOLLAR SHOP LETTER OF UNDERSTANDING #5 ENHANCED SEVERANCE LETTER OF UNDERSTANDING #6 PRODUCTION OF COLLECTIVE AGREEMENTS iii

8 LETTER OF UNDERSTANDING #7 PENSION PLAN CONTRIBUTION EXCEPTIONS LETTER OF UNDERSTANDING #8 MAKE UP EMPLOYEE SICK TIME LETTER OF UNDERSTANDING #9 CASH ADVANCES NEW LETTER OF UNDERSTANDING #10 RETURN TO WORK PROTOCOL LETTER OF UNDERSTANDING #11 STORE OPENING BEYOND 11 PM LETTER OF UNDERSTANDING #12 OCCASIONAL REQUEST FOR SATURDAY OFF LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # 14 WAGE RE-OPENER LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # 17 MEAT DEPARTMENT LETTER OF UNDERSTANDING # 18 SCHEDULES LETTER OF UNDERSTANDING # 19 COPIES OF SCHEDULES FOR SHOP STEWARDS LETTER OF UNDERSTANDING # 20 COLD TEMPERATURE APPAREL iv

9 AGREEMENT this Date of Conversion B E T W E E N : BC Ltd. (hereinafter called the "Employer") - and - UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 247 (hereinafter called the "Union") WITNESSETH and is hereby agreed as follows: - ARTICLE 1 - PURPOSE 1.01 The Employer and the Union each represents that the purpose and the intent of this Agreement is to promote co-operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, to set forth herein the basic agreements covering rates of pay, hours of work and conditions of employment.

10 ARTICLE 2 - RECOGNITION 2.01 The undersigned Employer recognizes the Union (U.F.C.W. Canada, Local 247) as the sole and exclusive bargaining agency for all employees save and except Associate Manager(s), Pharmacist(s), apprentice Pharmacist(s), Registered Pharmacy Technician(s), Department Manager(s), Bookkeeper, part time Bookkeeper, Owners(s)/Manager, CAO Manager, & persons above the rank of Owner (s)/manager A full-time employee covered by this Agreement shall be an employee who is on the full time seniority list who is normally scheduled to work forty (40) hours each week, over a five day period. This shall not be construed as a guarantee of hours of work A part-time employee is one who is normally scheduled to work thirty-two (32) hours or less per week. No parttime employee shall work in excess of thirty-two (32) hours in any week, except as permitted by Article 2.04 of Appendix "A" of this Agreement. The conditions of work of part-time employees shall be governed by Appendix "A" of this Agreement All Appendixes shall form part of this agreement. 2

11 ARTICLE 3 - UNION SECURITY 3.01 (a) It is agreed that all employees covered by this Agreement shall become and remain members of the Union in good standing as a condition of employment. (b) New employees shall make application for membership in the Union at the time of their hiring and shall become and remain members of the Union in good standing, as a condition of employment. The Employer agrees that it will inform all new employees prior to or at the time of hiring of the Union security provisions of the Agreement. (c) The Employer or designate will during the first three (3) weeks of each individual s employment make known to the new employee the names and work locations of union stewards in the store The Employer shall, during the term of this Agreement, as a condition of employment, deduct from members of the bargaining unit the regular weekly Union Dues and such Dues shall be remitted to the Union prior to the 15th day of the month following the month in which such deduction is made. The Employer shall notify the Union of new fulltime employees' classifications and rates of pay in addition to terminations, on a monthly basis. Deduction statements shall be documented by location, containing the full name of the employee and his starting date and social insurance number subject to the employee 3

12 consenting to the use of his or her social insurance number. The Employer agrees to record the annual Union Dues deductions for each employee on his T4 Form. The Employer shall provide dues information to the Union in an electronic format acceptable to both parties In the event that such weekly Dues are changed during the term of the Agreement, such change must be given to the Employer by notice properly authorized by Union Officials and shall become effective within one (1) month following the date the notice is received New employees shall be documented and documents forwarded to the Union Office within two (2) weeks of hiring The first sixty (60) days worked shall be considered a probationary period. It is understood between the Employer and the Union that a probationary employee shall be considered an employee for all purposes of the Agreement (a) The Employer agrees to forward to the Union Office on a monthly basis, a complete alphabetical listing of all employees including their home address, starting date, department and social insurance number subject to the employee consenting to the use of his or her social insurance number, separated into full and part-time. 4

13 (b) Upon request the Employer agrees to provide the Union Office with a report containing Employees name, home phone number and social insurance number in an electronic format acceptable to both parties. ARTICLE 4 - FUNCTIONS OF MANAGEMENT 4.01 The Union agrees that the Employer has the exclusive right and power to manage its business, to direct the working forces and to suspend, discharge or discipline employees for just and sufficient cause, to hire, promote, demote, transfer or lay off employees, to establish and maintain reasonable rules and regulations covering the operation of the store, provided however, that any exercise of these rights and powers in conflict with any of the provisions of this Agreement shall be subject to the provisions of the grievance procedure as set out herein The Union also agrees that the Employer has the exclusive right and power to study or introduce new or improved production methods or facilities and the Union agrees to co-operate with the Employer in the installation of any such methods and in the education of its members for the necessity of such changes and improvements It is agreed that the direction of the working force shall be at the discretion of the Employer within the terms of this Agreement. The Employer, therefore, retains all rights not otherwise specifically covered in this Agreement. 5

14 ARTICLE 5 - DISCHARGE AND DISCIPLINE 5.01 (a) No employee shall be discharged or disciplined except for just and sufficient cause. The Union agrees to co-operate in an endeavour to correct inefficiencies of employees which might necessitate disciplinary action. Discharge or discipline grievances may be settled by confirming the Company s decision or by reinstating the discharged or suspended employee with full compensation for lost time, less interim earnings if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or an Arbitrator. (b) The Owner agrees that whenever an interview is held with an employee regarding his work or conduct which becomes part of his record, the Union Area Representative or the store steward on duty or another bargaining unit employee who is at work chosen by the employee shall be present. The party representing the Union will leave the meeting if requested to leave by the employee (a) All disciplinary warnings or reprimands which are placed in an employee's record and all notices of demotion for cause, discharge or suspension, shall be in writing and shall contain the reason for the warning, reprimand, suspension or discharge. One copy shall be given to the employee and one copy shall be given to the Employer and one copy shall be 6

15 given to the Union Office within seven (7) days of the incident giving rise thereto. (b) A disciplinary warning or reprimand which is not in writing shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. (c) Disciplinary warnings and/or reprimands which predate a disciplinary action by more than one (1) year shall not be adduced in evidence against an employee in any subsequent disciplinary proceedings in which the employee is involved. ARTICLE 6 - DISCRIMINATION 6.01 The Employer and the Union agree that every employee has the right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status, handicaps, religious beliefs or membership in the Union. ARTICLE 7 - UNION SHOP CARDS 7.01 It will be the duty of the Employer to prominently display Union Shop Cards in all their establishments wherein Union members are employed. Those Cards shall remain 7

16 the property of the Union and the Employer shall have their usage only until such time as the Union shall request their return. The Employer agrees to surrender same immediately upon demand by the Union. The Employer further agrees that the employees may wear a small button containing only the Union logo while on duty. ARTICLE 8 - UNION PRIVILEGES 8.01 Authorized representatives of the Union shall be entitled to visit this store covered by this Agreement for the purpose of observing working conditions, interviewing members and ensuring that the terms of this Agreement are being implemented. The interviewing of an employee shall be permitted after the Owner, or in his absence, the appropriate management representative has given his consent, which shall not be unreasonably withheld. It is understood that the time taken for such interview in excess of 5 minutes shall not be on Company time The Owner agrees to provide a bulletin board in a satisfactory place and agrees that the Union may post notices on such boards subject to the review and acceptance by the Owner. Such acceptance will not be unreasonably withheld The Owner agrees to recognize a committee comprised of representatives of the employees (up to two (2)), 8

17 designated by the Union, for the purposes of collective bargaining with the Owner. The Committee will be afforded reasonable time off with pay to attend such meetings. ARTICLE 9 - SHOP STEWARDS 9.01 The Union shall have the right to appoint one (1) Shop Steward and one (1) alternate Shop Steward for the store The Owner agrees to recognize officers so designated, in writing by the Union from each store and to grant time off with pay as may be reasonably necessary to service any grievance or potential grievance within their hours of work that day within the store. It is understood that such persons will not leave their regular duties without receiving permission from the Owner or his appointee whose permission will not be unreasonably withheld. It is understood that the time taken for such in excess of 5 minutes shall not be on Company time The Employer agrees to allow steward(s), divisional officer(s) and/or other union member(s) selected by the Union time off to attend activities authorized by the Union subject to the Employer s ability to accommodate such leave. Ten (10) days advance notice will be provided and the Employer agrees that such leaves will not be unreasonably denied. The Union agrees to reimburse the Employer one hundred percent (100%) of the wage and approximate fringe benefit cost of such time off. 9

18 ARTICLE 10 - SENIORITY Seniority shall be recognized by the Employer and shall be based on the length of continuous service while in the bargaining unit with the employer. It is agreed that employees will continue to acquire and exercise seniority on a departmental basis (grocery-produce, bakery, meat, deli) within the bargaining unit basis, except in the event of lay-off and re-employment, in which case employees shall exercise seniority on a storewide bargaining unit basis. The name and number of departments may be changed by the Employer from time to time after providing employees and the Union 30 days notice. Due to business needs, full time employees may be required to temporarily perform work outside of their department from time to time Regular full-time employees shall not attain seniority until they have completed a probationary period with the Employer. Such probationary period shall be sixty (60) days worked. However, should a probationary employee complete such service, his seniority will date back to the commencement of his continuous full-time employment (a) Employees with less than one (1) year's service at the store will be given one (1) week's notice of layoff or one (1) week's pay in lieu of notice. Employees with more than one (1) year's service at the store will be given two (2) weeks' notice of layoff or two (2) weeks' pay in lieu of notice. Employees with more than two (2) years but less 10

19 than five (5) years of service will be given three (3) weeks notice or three (3) weeks pay in lieu of notice. Employees with more than five (5) years but less than eight (8) years of service will be given four (4) weeks notice or four (4) weeks pay in lieu of notice. For clarity this provision is not in addition to Employment Standards Act. (b) Lay-off and re-employment shall be based on seniority, availability, qualifications and ability to perform the work Seniority lists for full-time employees shall be posted by the Employer quarter annually (a) Persons outside the bargaining unit returning to the bargaining unit shall return to a position no higher than their former position in the bargaining unit. (b) Persons returning to or entering the bargaining unit, shall not cause the demotion of employees within the bargaining unit. (c) Anyone promoted to a Management position prior to ratification will maintain bargaining unit seniority based on their length of service within the bargaining unit. Anyone promoted to a non-union management position subsequent to ratification will maintain bargaining unit seniority for eighteen (18) months following the promotion after which time the employee shall have no bargaining unit seniority. 11

20 (d) A person who has never been in the bargaining unit shall not enter the bargaining unit unless bargaining unit employees who are on lay-off and who have recall rights have declined their right for recall provided the employee on recall has the necessary ability, qualification to perform the work An employee shall lose his seniority and shall be terminated from the employ of the Company if he: (a) voluntarily leaves the employment of the Employer; (b) is discharged for cause; (c) is absent from work for more than three (3) working days without prior notification (except in rare and exceptional circumstances) to the Employer; (d) is absent from work due to sickness or disability for more than three (3) days and fails upon return to work to produce a certificate when requested from a medical practitioner verifying such absence and substantiating the reason for such absence; (e) fails to return to work after a recall from lay-off within seven (7) days after the delivery of notice of recall by registered mail; 12

21 (f) fails to return to work upon the conclusion of a leave of absence unless his failure to return is for reasonable cause; (g) fails to take a medical examination by a qualified medical practitioner when requested by the Employer; (h) is not recalled to work when laid off due to lack of work, his name shall be retained on the seniority list for an eighteen (18) month period or the length of his seniority, whichever is the lesser, but in no event, less than six (6) months period. (i) uses an approved leave of absence for reasons other than those specified The Owner agrees to recognize the accumulation of the seniority of an employee who is absent from work due to sickness, accident, pregnancy/parental leave as defined within the Employment Standards Act, Personal Emergency Leave and Family Medical Leave or compensation upon his return to work In the event of a vacancy occurring for any full-time bargaining unit position employees covered under Appendix "A" of this Agreement shall receive preference for such full-time positions provided they have the necessary seniority, availability, ability and qualifications to perform the work. 13

22 When a vacancy occurs in a full-time job, such vacancy shall be posted and remain posted for seven (7) calendar days on the Union Bulletin Board. Two (2) copies of all vacancies to be posted shall be given to the union steward (to post one if he chooses in addition to the one posted by the Employer) at the time of the Posting. The Employer further commits to meet with each employee who submits a resume and is not successful to review how the employee(s) may improve their qualifications to be better suited for such position in the future (a) Full time employees who are laid off from full time employment shall if they so desire, be placed on the part time seniority list based on the length of their accumulated full-time and if applicable, part-time service with the Employer and shall be given preference for available part-time work in so far as that length of service entitles them. Such employee shall be eligible for vacation entitlement based on that length of service. Such employee shall receive the lesser of their full-time hourly rate at the time of their layoff or the end rate of their part-time wage progression. (b) Full-time employees who voluntarily terminate from full-time employment shall be placed on the parttime seniority list based on the length of their accumulated full-time and if applicable part-time 14

23 service with the Employer and shall be given preference for available part-time work in so far as that length of service entitles them. Such employee shall be eligible for vacation entitlement based on that length of service. Such employee shall receive the lesser of their full time hourly rate at the time of their layoff or the applicable part time wage progression rate. Full time hours will be credited on the part time wage progression. ARTICLE 11 - HOURS OF WORK AND OVERTIME Employees are expected to attend work regularly. When unable to attend, the Owner, or designate must be notified, as soon as it is reasonably possible prior to the commencement of the scheduled shift of the employee, giving the reason why the employee is unable to attend, when he expects to return to work and how the Owner or designate can call him relative to his absence The basic work week for full-time employees will consist of forty (40) hours per week, made up of five (5) days of eight (8) consecutive hours duration or four (4) days of ten (10) consecutive hours duration where permissible by law. The basic work week shall be worked Sunday through Saturday. Employees designated as Night Crew will receive a premium of seventy-five (75) cents per hour. Night Crew will be scheduled between 8:00 p.m. 15

24 and 9:00 a.m. For clarity, a Night Crew employee s entire shift will fall between these hours. A full time employee designated by the Employer to lead the night crew shall receive a premium of.75 cents per hour worked. A part time employee may be appointed at the sole discretion of the Employer to lead the Night Crew and will receive a premium under the following circumstances: 1) when a full time employee leading the Night Crew is absent for a week or more 2) on a temporary or seasonal Night Crew 3) on a Night Crew which operates less than 5 nights per week It is understood that an employee so temporarily appointed shall be entitled to the premiums outlined in this article and Appendix A, Article 2.06 and in addition shall receive a further seventy five (75) cents per hour as a premium for leading the night crew. This appointment and seventy five (75) cent per hour premium will be applied on a weekly basis only. Any non-night crew full time or part time employee who works beyond 11 p.m. shall be paid a seventy-five (75) cent per hour premium for all hours worked from 11 p.m. onward. The premium does not apply to employees who 16

25 commence their work shift from 5:00 a.m. and onward the next day (a) Overtime at the rate of time and one-half (1-1/2) the regular hourly rate will be payable for all hours worked in excess of their regularly scheduled number of hours on that day or forty (40) hours in a week for all full-time employees. Employees who are required to work on their scheduled day off shall work no less than four (4) hours. (b) Overtime at the rate of one and one half (1 1/2) times the regular hourly rate will be payable for all hours worked on Statutory Holidays. (c) An employee called back to work after the completion of his shift or called in more than three (3) hours prior to the commencement of his shift will receive two (2) times the standard rate of pay for such hours and all such work shall be on a voluntary basis. (d) The Employer may call employees in to attend a staff meeting of up to two (2) hours duration not more than four (4) times per calendar year. The Employer agrees that attendance at such meetings shall be voluntary. For clarity the rate payable for the attendance is at the straight time rate. (e) Employees working outside their scheduled shift must receive prior approval of the Owner or their 17

26 designate in order to be paid for such time. It is understood the person providing such approval will advise the individual responsible for payroll of such approval During each work day, employees shall be granted two (2) rest periods with pay of fifteen (15) minutes in duration each and one (1) hour unpaid (one-half [1/2] hour by mutual consent) meal period, scheduled at the mid-point of each half shift and the mid-point of the daily shift. If mutually agreeable, the two 15 minute rest periods may be combined. When an employee works in excess of three (3) hours over-time in which there is no meal period, the employee shall be entitled to receive a paid rest period of fifteen (15) minutes Employees will be allowed two (2) days off each week. Store Stewards will be permitted to review employee requests for time off weekly. An employee's day off and his schedule of daily hours shall be posted not later than Friday at 9:00 a.m. of the previous week. The store steward will be given a copy of work schedules. Employee's meal periods shall be based on the commencement of their shift. Employees will be given three (3) working days notice of changes in their regular working schedule, except for absences and where the employee and the Owner mutually agree to the change Full time employees may be designated to work up to three (3) evenings per week for customer shopping convenience after 6:00 p.m. 18

27 11.07 The Employer agrees that the store will not be open the evening of Christmas Eve, Christmas Day or the evening of New Year's Eve. ARTICLE 12 - STATUTORY HOLIDAYS The following holidays shall be recognized as legal holidays: New Year's Day Good Friday Victoria Day Canada Day Remembrance Day Labour Day Thanksgiving Day Christmas Day 1 st Monday in August To qualify for pay for a legal holiday, the employee must work his last scheduled working day preceding the holiday and his first scheduled working day after the holiday unless he has secured permission from his Store Owner or his designate to be absent on one of the qualifying days. Employees who are off on compensation, accident or illness shall receive legal holiday pay if they have worked within fifteen (15) days of the holiday. They shall receive the difference between the legal holiday pay and what they otherwise receive from the Insurance Company and/or Workers' Compensation. Should a legal holiday occur within an employee's leave of absence, he shall not be paid for such legal holiday. 19

28 12.03 Work on any of the aforementioned holidays shall be voluntary and no employee shall be coerced to work. ARTICLE 13 - VACATIONS Employees who have been employed by the Company for less than one (1) year at January 1 shall be paid vacation as outlined in the Employment Standards Act Employees who have been employed for more than one (1) year but less than five (5) years at January 1 shall be entitled to two (2) weeks vacation with pay or four (4%) whichever is greater Employees who have been employed for more than five (5) years but less than ten (10) years at January 1 shall be entitled to three (3) weeks vacation with pay or six (6%) whichever is greater Employees who have been employed for more than ten (10) years but less than eighteen (18) years at January 1 shall be entitled to four (4) weeks vacation with pay or eight (8%) whichever is greater Employees who have been employed for more than eighteen (18) years or more at January 1 shall be entitled to five (5) weeks vacation with pay or ten (10%) whichever is greater. 20

29 13.06 The qualifying date for vacation entitlement shall be January 1st of the current year. The percentage payment referred to throughout this Article shall apply to wages earned during the previous calendar year excluding any vacation pay paid in respect of that period. Notwithstanding the above where an employee is absent on layoff, leave of absence, sickness, pregnancy leave, accident (not including WCB) and such absence is for a period longer than one (1) month then his vacation benefits shall be paid on a pro rata basis. When an employee has been absent for more than one (1) year he shall not be entitled to vacation pay regardless of the reason When a legal holiday as defined in Article 12 occurs during the employee's vacation period, the employee shall be entitled to receive either one (1) day's extra vacation or one (1) day's pay, as follows: (a) Wherever possible, the extra day is to be taken in conjunction with the vacation, at either the beginning or the end of the vacation period, i.e., Saturday preceding or Monday following. (b) In certain cases, the employee may wish to save the extra day for a special occasion later in the year. The day off will be by mutual agreement between the employee and the Owner. (c) If the day prior to or succeeding the vacation period cannot be given and the employee does not wish to 21

30 take it at a later date, he would then receive an extra day's pay. (d) Arrangements under this section are to be completed prior to the commencement of the vacation period The completed vacation schedule shall be posted on May 1 of each year. The Owner agrees that they will not change the vacation period of any employee unless unforeseen circumstances arise. Such changes shall be by mutual consent between the employee and the owner. Any employee who has not submitted their vacation plan by April 15 will only be permitted to book vacation at a time that will not interfere with another employee's vacation. The Union encourages all employees to submit their vacation plans as early as possible An employee who becomes disabled and is eligible for; and properly qualifies for; to the satisfaction of the carrier, Weekly Indemnity, while on vacation, excluding the first three days of sickness, if applicable, shall revert to Weekly Indemnity Benefits and the balance of his vacation will be held in abeyance and will be taken at a later time to be mutually agreed upon between the Employer and the employee. 22

31 ARTICLE 14 - COMPENSATION The Employer agrees that it will continue to be enrolled under the provisions of the Workers Compensation Act of British Columbia for all employees. The Employer will also pay an employee for the remainder of the shift in which the accident occurred that would require the employee to take time off. ARTICLE 15 - GRIEVANCE AND ARBITRATION Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - STEP ONE Between the employee concerned, his Union representative and the Owner. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Owner shall 23

32 give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Owner within six (6) working days from the Owner's oral decision. STEP TWO Between the employee concerned, the Union representative, the Department Manager, and the Owner. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the owner/operator within one (1) week of the decision of the Company at STEP TWO. STEP THREE The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. 24

33 In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto The Employer and the Union may file grievances commencing at STEP THREE (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties ARBITRATION Should the grievance involve the misinterpretation or alleged violation of the Agreement, either party may be free to appeal to Arbitration from STEP THREE within thirty-one (31) days from the date the decision was given at this STEP. The party requesting Arbitration shall advise the party in writing of its request, together with a statement as to the issue to be arbitrated and shall include in its notice the names and addresses of three (3) 25

34 Arbitrators. The other party shall within one (1) week of its receipt of the notice advise the other party if any of the three arbitrators is acceptable. If none of the original three (3) arbitrators is acceptable the second party shall return the names and addresses of an additional three (3) Arbitrators. If the parties are unable to agree upon the selection of an Arbitrator, the Minister of Labour for the Province of British Columbia shall be requested to appoint an Arbitrator. The Arbitrator shall hear their dispute and the decision shall be final and binding upon the parties. The Arbitrator shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the terms and provisions of this Agreement. Each of the parties hereto share equally the expenses of the Arbitrator The parties agree that an Arbitrator shall have the power to award compensation or damages to any party who, or employee who is dealt with contrary to the provisions of this Agreement. ARTICLE 16 - WAGES All full time employees on the payroll as of the date of ratification shall receive the following general wage increases: 26

35 Effective first full pay week following 1st Anniversary: Effective first full pay week following 2nd Anniversary: Effective first full pay week following 3rd Anniversary: Effective first full pay week following 4th Anniversary: Effective first full pay week following 5th Anniversary: 30 cents per hour 30 cents per hour 30 cents per hour 30 cents per hour 30 cents per hour These monies will be applied only to the end rates of the full time wage progression. For clarity, only those employees hired prior to Date of Ratification will receive the wage increases on the above mentioned dates. Employees hired after Date of Ratification will not receive the above mentioned increases unless they are at end rate. In the event that a general wage increase results in an employee being on an off-rate within his or her classification, it is understood notwithstanding Article that the employee will still have to acquire the appropriate service to advance on the existing full time wage progression. 27

36 Minimum Rates of Pay for Full Time Employees Clerks Start $ months $ months $ months $ months $ months $ months $ Notwithstanding the wage progressions for full time employees where there is an increase in the Provincial minimum wage rate and it exceeds the start rate set forth in this agreement, it shall become the new start rate and those employees so affected shall notwithstanding Article remain at such rate of pay until their months worked with the Employer would permit them an increase in their rate of pay in accordance with the wage grid An employee receiving a raise in pay after the date of hire will be deemed to have the appropriate service for the purposes of wage progression only Employees who are currently being paid in excess of the collective agreement end rates shall receive an increase in their rate of pay in an amount equal to the end rate increases when they come into effect. 28

37 16.05 The Owner may from time to time, introduce, modify and/or eliminate an incentive program. Any program would be in addition to the prevailing wage progressions (a) Where an employee is assigned to perform the majority of the duties of a position not set out in the collective agreement then the full time employee so assigned shall receive their own rate of pay plus a premium of $1.00 per hour for each hour worked. For clarity the majority of duties means half the duties or more. It is understood that this provision shall apply for temporary assignments of more than three (3) days in a calendar week. Temporary assignments when filled will be filled by seniority provided the senior employee has the qualifications and the ability to perform the work. ARTICLE 17 - CO-OPERATION (a) The union shall be notified in writing of all Company Rules and Regulations covering those covered by this Agreement. (b) The Union agrees to co-operate with the Employer in maintaining and improving safe working conditions and practices, in improving the cleanliness and good housekeeping of the store, washrooms and lunchrooms and in caring for equipment and machinery. 29

38 17.02 (a) A Health and Safety Committee shall be established and shall be comprised of at least two (2) representatives appointed by the Union and two (2) representatives appointed by the Employer. (b) The Health and Safety Committee will meet quarterly or more often if deemed necessary by the committee or directed to do so by a government agency. All unsafe or hazardous conditions shall be taken up and dealt with at such meetings. A copy of the minutes will be posted in the workplace. (c) The Health and Safety Committee shall be notified in writing of each accident or injury. The Employer shall investigate and report in writing to the Health and Safety Committee as soon as possible on the nature and cause of any lost time, accident or injury The Owner agrees to provide a microwave and a fridge in the employee's lunchroom within three (3) months of store opening and where the microwave and/or fridge are broken through carelessness and/or horseplay then they are not subject to replacement by the Owner. ARTICLE 18 - PART-TIME HELP It is agreed and recognized by both the Union and the Employer that due to the nature of the Employer's business it may be necessary to employ both full-time and part-time employees. The Employer agrees that part-time 30

39 employees will not be scheduled to work in excess of thirty-two (32) hours per week, except as specified in Appendix "A", Article ARTICLE 19 - NO STRIKE, NO LOCK-OUT There will be no strike or lock-out during the term of this Agreement. ARTICLE 20 - FIRST AID KITS First Aid Kits shall be provided and maintained in the store. ARTICLE 21 - NOTICE OF ABSENCE & LEAVE OF ABSENCE (a) Employees are expected to attend work regularly. When unable to attend, the Owner, or designate must be notified, as soon as it is reasonably possible prior to the commencement of the scheduled shift of the employee, giving the reason why the employee is unable to attend, when he expects to return to work and how the Owner or his designate can call him relative to his absence. (b) The Owner may require the employee to produce a medical certificate for absences of three (3) days or less from a duly qualified medical practitioner upon his return to work. Notes will only be requested 31

40 where the absenteeism forms part of a pattern, is excessive or occurs under suspicious circumstances. The Owner agrees to pay an employee the cost of medical documentation and/or certificates when requested by the Owner or any third party representing the Owner. For clarity, this is to cover, but it is not limited to return to work notes and insurance requests The Owner may grant leave of absence without pay to any employee for legitimate reasons. Such permission and request are to be in writing on the standard leave of absence request form two (2) months in advance, except in any emergency. The Owner reply to the request for leave of absence will be given within two (2) weeks, provided the Owner or his designate involved is not absent on vacation, sickness, etc., in which event the reply will be given within one (1) week following his return. When leave of absence is granted, there shall be no loss of seniority. A claim that the Owner withheld permission without justification may be the subject of a grievance and processed accordingly. Any leave of absence granted in conjunction with the employee's vacation will be deemed to follow his vacation period (a) A female employee may be granted leave of absence without pay for pregnancy. The provision of the Employment Standard Code shall govern. 32

41 (b) The Owner may grant a leave of absence, without pay, for the purpose of legal adoptions. The Adoption Agency's requirement will be considered in determining the duration of such leave. (c) Notwithstanding (a) and (b) the Employment Standards Act of British Columbia shall govern maternity, paternity, family and adoption leaves The Owner agrees that an employee appointed by the Union as a full-time representative shall be granted leave of absence without pay while serving in such capacity. Such persons shall continue to accumulate seniority while serving as Union representatives and shall be entitled to return to the bargaining unit should their service be terminated by the Union, with full accumulated seniority An Arbitrator dealing with a grievance involving discharge or loss of seniority of an employee resulting from an absence caused by a Court conviction (where the Owner has refused to grant leave of absence for such conviction) shall have the power to re-instate the employee with full seniority rights or by any other arrangements which is just in its opinion. In determining this question, the Arbitrator shall consider the nature of the offence for which the employee was convicted, the duration of the conviction, the length of service of the employee and his work record (a) An employee who is required to serve on a jury shall be compensated for days actually spent on jury duty 33

42 when he would, otherwise, have been at work to a maximum of ten (10) working days. (b) The employee shall receive the difference between his jury fees and his normal day's pay for that time he would have been regularly employed had he not been serving on the jury. The employee shall be required to report immediately upon being excused or released from jury duty where such reporting is reasonable under the circumstances. (c) The Claim of an employee shall be verified by presentation of his jury duty cheque; however, no payment shall be made for any hour for which the employee receives compensation by the Employer for any other reason. Payment shall not be withheld pending submission of the jury duty cheque. (d) Any employee subpoenaed to attend as a witness on behalf of the Company or the Crown shall be entitled to the difference between his witness fee and his normal day's pay. (e) (f) In the event an employee serves on jury duty from Monday through Friday, he will not be required to work Saturday. In the event an employee is required to serve on jury duty during a week in which he would be normally scheduled to work on the night crew, he must notify the Owner immediately upon receiving 34

43 the notice to serve so that he can be re-scheduled to the day shift Emergency leave will be granted in accordance with the Employment Standards Act. Paid bereavement leave will be counted as part of an employee s ten (10) days of emergency leave. For clarity, an employee may take paid bereavement leave in conjunction with any remaining emergency leave days. ARTICLE 22 - BEREAVEMENT PAY Should a bereavement occur in an employee's immediate family (parent, parent-in-law, spouse, child, brother, sister, grandparent, brother-in-law, sister-in-law, son-inlaw, daughter-in-law or grandchild) the employee shall be granted such time off from work with pay as is reasonable under the circumstances, up to a maximum of three (3) days. Step parent, step child, step brother, step sister are included as are common law spouse and same sex partner All full time employees will be given the time off with pay to attend the funeral of an aunt or uncle provided the employee was scheduled that day. 35

44 ARTICLE 23 - RETRO-ACTIVITY No part of this Agreement shall be deemed retro-active unless specifically stated. All provisions contained in this Agreement, unless specifically stated to be retro-active in nature, are effective on the date of store conversion. ARTICLE 24 - NOT TO BE UNLAWFUL Nothing in this Agreement shall require the Owner or the Union to take action which shall be unlawful by reason of any present or future statute, Order or Regulation of Canada or the Province of British Columbia The Owners agree to comply with all legislative requirements as per the Workers Compensation Act of British Columbia. ARTICLE 25 - GENERAL Where the obligation of the Owner and the Union to accommodate an employee via the Human Rights Act, may conflict with the terms and the provisions of the Collective Agreement, the Company and the Union may by mutual consent modify the Collective Agreement to meet the conditions of the accommodation of the employee Employees will be paid by a direct deposit payroll system. At the Employer s option a bi-weekly payroll may be 36

45 introduced. Pay will be on Thursday or every other Thursday( if bi-weekly) except during the week of a statutory holiday A joint labour-management committee will be established which will meet quarterly. Retailer representatives and senior labour relations staff and senior union representatives will participate in these meetings. ARTICLE 26 - GENDER It is understood that the use of the masculine gender shall include the female gender. ARTICLE 27 - SERVICE PROVIDERS It is recognized that the Employer may decide from time to time to engage Service-providers on an ongoing basis to operate outlets or provide services within the company s stores. These Providers may in some cases provide services in the store, such as fresh-fish counters, that formerly were provided by employees of No frills; in other cases the services may be new to the store entirely. It is understood that in all cases employees provided by the Service-providers to operate these outlets or provide services in the store are not, either directly or indirectly, employees of No frills, and are not covered by the No Frills collective agreement. 37

46 ARTICLE 28 - TERM OF AGREEMENT (a) This Agreement shall come into force and effect on the date of conversion and shall continue to the six (6) years later and shall thereafter be automatically renewed for the period of one (1) year unless either party, on written notice to the other, within a period of not more than ninety (90) days before the expiry date serves notice of intent to terminate or modify the Agreement. (b) In the event either party serves notice of a desire to negotiate changes into this Agreement as above set out, it is agreed that the Employer and the Union, without undue delay, shall begin negotiations on the proposed changes. (c) Pending the results of negotiations, neither party shall change the conditions existing under the Agreement. 38